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ARTICLE · 27 MARCH 2014

A First Look At The USPTO 101 Training Slides

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The USPTO has set up a new web page with resources for examining claims for patent subject matter eligibility, including a link to the slides used in training programs for Examiners in Technology Centers 1600 and 1700.

United StatesIntellectual Property
Courtenay Brinckerhoff
Courtenay Brinckerhoff
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The USPTO has set up a new web page with resources for examining claims for patent subject matter eligibility, including a link to the slides used in training programs for Examiners in Technology Centers 1600 and 1700. While the slides hew closely to the Guidelines, they include additional commentary and examples that illustrate how the Guidelines might be applied in practice. One new example in particular feeds my concerns about the patent eligibility of pharmaceutical compositions under the Guidelines, and highlights where the USPTO's interpretation of Supreme Court jurisprudence may have gone awry.

The Pomelo Juice Example

The first example in the USPTO 101 training slides relates to claims directed to compositions comprising pomelo juice:

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